Mr.
Carter
TOP SECRET
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The Acting Governor asks for a very early reply to
the attached telegram, in which he seeks authority to bring
into force Regulations 29, 30 and 31 of Part II of the Emergency (Principal) Regulations.
2. These Regulations should be distinguished from the Emergency (Deportation and Detention) Regulations, which
are in the nature of standing Regulations, which have
Sumu 1956 been in force for many years and which were designed
to deal with aliens who are known criminals, members of
Triad Societies and the like. They provide for such
cases to be referred to a system of Deportation and
Detention Advisory Tribunals, who advise the Governor in Council on the question of deportation and/or detention of such persons. The procedure set out in these Regulations follows fairly closely the normal judicial pattern.
3.
The Emergency (Principal) Regulations, Regulations 29, 30 and 31 of which the Acting Governor now wishes to bring into force, are not Standing Regulations and they may be brought into force piecemeal to deal with ad hoc situations such as the one which at present obtains in
the Colony. The procedure for which they provide is less formal than that described in paragraph 2 above; they empower the Colonial Secretary to detain persons, whether aliens or not, for any period up to one year, At the same time, they provide for a Committee of Review, to which any person detained under the Regulations may make objections against his detention. A Committee of Review may then make recommendations to the Colonial Secretary with regard to such objections.
4.
The Acting Governor explains in paragraph 2 of his telegram why he wishes to follow the course described in paragraph 3 above rather than that in paragraph 2. One obvious reason is that he must have power to deal with wrongdoers who are not aliens as well as with those who are aliens. Another is the difficulty of obtaining admissible evidence against such persons as those described in his paragraph 1.
5.
I suggest that it is essential for the authorities in Hong Kong to have these powers in dealing with the
the
present situation and/Acting Governor states that they would be used very sparingly.
6. I attach a draft telegram conveying the necessary approval.
TOP SECRET
ANE.
(A.W. Gaminara)
19.7.67.
No comments yet.
Private notes are available after approval.